Join the 9 million people who found a smarter way to get Expert help
Recent legal questions
Is it illegal to trick someone into missing court? I
Is it illegal to trick someone into missing court? I received an eviction notice and it had a court date of July 21st listed on it. That was last week. Today, I checked the court website and saw that 5 hours after they filed the first eviction paperwork, they went back and changed it. There's a "cancelled answer date, was natured incorrectly" listed, then they filed an "alias" eviction that's scheduled for June 30th, that's the day after tomorrow. But here is the real kicker... I contacted their attorney and he told me that the process server did indeed deliver the June 30 alias and that the first petition was never even handed over. He sent me a copy of the affidavit from the server that said he delivered the alias at 1:00. Now, the attorney didn't know that I had seen the time stamps before he sent me these documents but the process server is flat out lying and I can prove it, the first petition was filed at 11:00 AM, then the alias at 4:00 PM, the man delivered the petition at 1:00 that same day so it couldn't have been the alias. So at this point I don't even know if those were cops that delivered the documents but I caught the landlord trying to pull a fast one here and would like to know if he's broke any laws.
Ray, what is the limitations (if any) subpoena upon an
Ray, what is the limitations (if any) for a subpoena for deposition upon an ex-employee now living in another city (100 miles away) of the same state as the defendant corporation; specifically: notice to the defense; selecting a date (how far out?); and this employee's rights to object, refuse or have counsel, as he is expected to be uncooperative with impeaching his old employer; and the Plaintiff does not want to cut the defense any civil slack that is not required by Fla. R. Civ. P. or statute. (Take no prisoners.) The Plaintiff intends to travel to his new location for the deposition, so there is no forced travel or costs for the ex-employee, other than a couple hours from work on whatever day is chosen.
I live in California. How many days before a demurrer
I live in California. How many days before a demurrer hearing must I be served? I filed a cross Complaint and she filed a demurrer to that. We are both pro per. One place I read 16 Court days plus five calendar days if served by mail, another I read 25 days. Thanks.
Our company has been in a legal battle with another company
Our company has been in a legal battle with another company in the same industry in California. We won the case years ago. The opposing party appealed the case and we won again in November 2011. Even after that, they have not been complying with the judgment citing the judgment, more precisely the Term Sheet agreement which the judgment is based upon, is being interpreted differently between them and us. Now two parties went to the court again with differing interpretations of a key concept on the Term Sheet.The court mailed out the ruling on May 31 and our attorney received it on June 7 and it was in favor of the opposing party. According to the ruling, the judge's decision was relying upon a declaration from the opposing party's employee and it was a flat lie. (Our damage amount was estimated as $750,000 and the declaration was saying their unlawful enrichment was $150,000.) As there had been no discovery session to contest each party's assertions/declarations and the supporting materials, we ended up losing the case.The ruling was on the interpretation of the key concept and the actual calculation the opposing party owes us should be calculated in a certain way the ruling describes and the other party's initial calculation needs to be given to us by 6/10 (tomorrow) and we will have one week to review it and then the court will give us the final ruling on the amount we will be getting. If it goes like this, we will be getting somewhere between $100,000 and $200,000 whereas the right amount we should get would be over $1,000,000 including the accrued interests.My questions are;1. If we decide to appeal, what kind of timeframe do we have?1-1. Can we appeal the ruling at this stage or do we wait until the final ruling?1-2. Do we have any legal recourse to oppose the court's ruling at this stage? Can we ask for verification of the opposing party'sdeclaration?1-3. Can we cite the omitted discovery sessions as the court's judicial error for appealing? If we had a chance to prove the otherparty's lie, the outcome should have been in our favor.1-4. What other reasons can be raised for the validity to appeal?2. What kind of option(s) do we have at this point other than appealing the ruling. Can we ask for a new hearing, for example?2-1. What are the requirements for us going for such option(s)?3. Is there any way to have the individual/party punished for the false/misleading declarations? If yes, what would the proceeding be like? Who can initiate it when and how?Thank you for your prompt assistance.
I filed a lawsuit malpractice and the defendant is located
I filed a lawsuit for legal malpractice and the defendant is located in a different county than me. My attorney filed the lawsuit in a county that is different of both parties, in essence more convenient for him. My case was dismissed with prejudice, there was no court reporter ordered by my attorney and no bystander report. I asked him to appeal my case and he refused. I looked up the Code of Civil Procedure in my state, but I need advice on how to proceed. We're my rights violated, did the judge error in procedure, did my attorney make very serious mistakes in procedure?
I was awarded a default and default judgment in a civil caseView more legal questions
I was awarded a default and default judgment in a civil case in Sonoma County.The defendants has retained an attorney and he has filed:Declaration of defendantMemorandum of pointsNotice of motionAnswer of defendantWhat do I need to file to set aside their motion.Also, the hearing is the 22nd of June when do I need to file my responses.D